Legislation, Acts and Regulations

Legislation

BC Parks’s legislation outlines its obligations and authorities with respect to the protected places under its responsibility.

Legislative Amendments

Changes to British Columbia’s protected areas system through legislative amendments continue the ongoing process of designing and implementing a system that provides for improved protection of environmental and cultural values, providing recreational experiences and providing economic opportunities to communities.

BC Parks is committed to keeping the public informed about legislative changes to the provincial protected areas system by providing information regarding those changes.

Official Plans

Copies of the official plans (i.e., mapped boundaries) that are included in this Bill are provided below. It is important to note that the official and the legal description must be considered together. When an official plan is used, it is not necessarily the full description of the protected area. In the description of a protected area, there are often exceptions identified. These will not be reflected in the official plan but will be described in the legal description.

Several of the proposed amendments do not have official plans associated with the proposed amendments in this Bill (i.e., Burges James Gadsden Park, Cariboo River Park, E. C. Manning Park, Haynes Point Park, Okanagan Falls Park, Omineca Park). The proposed amendments to these protected areas have been achieved by changes to the text legal description only.
Here are the official plans for:

Acts and Regulations

The British Columbia protected areas system is governed by the following several pieces of legislation (acts and regulations).

Ecological Reserve Act and Regulations
The Ecological Reserve Act provides for the establishment and administration of ecological reserves. Ecological reserves are established by inclusion to the schedules of the Protected Areas of British Columbia Act or by order in council under the Act.

Park Act and Regulations
The Park Act provides for the establishment, classification and management of parks, conservancies and recreation areas. Under the authority of the Park Act, there are three classes of parks: Class A, B and C. Class A parks and conservancies are established by inclusion in the schedules to the Protected Areas of British Columbia Act or by order in council under the Act. Class B and C parks and recreation areas are established by order in council under the Act.

The Park, Conservancy and Recreation Area Regulation provides regulations around the requirement for permits; public conduct and enforcement; the use of motor vehicles, vessels and aircraft; the use of firearms for hunting and fishing; waste management; camping and picnicking; fees; and the authority of park rangers.

Protected Areas of British Columbia ActProtected Areas of British Columbia Act consolidates in its schedules most of the Class A parks, conservancies and ecological reserves for the purposes of the Park Act and the Ecological Reserve Act. The Act ensures that the boundaries of these areas cannot be modified to remove lands except by an Act of the Legislature. There are four schedules in this Act:

Schedule A includes those ecological reserves with Official Plans (i.e., mapped boundaries) or updated metes and bounds descriptions.

Schedule B includes ecological reserves which have been continued by adoptive reference to their original orders in council and their boundaries are defined by either metes and bounds or “as outlined in red on the map” descriptions.

Schedule C includes many of the older Class A parks (those established prior to 1995) and those established since 1995 which do require the enabling provisions of section 30 of the Park Act which grandfathers pre-existing uses and allow range tenures to continue.

Schedule D includes newer Class A parks established since 1995 or older parks which have had recent additions which require the enabling provisions of section 30 of the Park Act to allow pre-existing uses and range tenures to continue.

Environment and Land Use Act
This Act empowers a Land Use Committee of Cabinet to ensure all aspects of the preservation and maintenance of the natural environment are fully considered in the administration of land use and resource development. Orders can be made respecting the environment or land use, including the establishment of protected areas. The Act is under the administration of the Minister of Forests, Lands and Natural Resource Operations.

Ministry of Lands, Parks and Housing Act
Only sections 5(b), and 6 and 9 of the Ministry of Lands, Parks and Housing Act relate to the portfolio of the Minister of Environment. Section 5(b) describes one of the functions of the Ministry as being to encourage outdoor recreation, establish parks and conserve the natural scenic and historic features of British Columbia. Section 6 provides the Minister with the authority, for the purposes of the Act, to enter into agreements (subject to the approval of the Lieutenant Governor in Council) with the Government of Canada, the government of another province, or with any other person or a municipality. Section 9 gives authority to the minister to dispose of, acquire and manage land for ministry purposes.

Ministry of Environment Act
The Ministry of Environment Act gives the Minister authority to acquire property and to enter into agreements with other governments with the approval of the Lieutenant Governor in Council.